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H.R. 6304 



©ne Hundred Centh Congress 
of the 

United States of 3merica 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 



3ln 3lct 

To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure 
for authorizing certain acquisitions of foreign intelligence, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) Short Title. — This Act may be cited as the "Foreign Intel- 
ligence Surveillance Act of 1978 Amendments Act of 2008" or the 
"FISA Amendments Act of 2008". 

(b) Table of Contents. — The table of contents for this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I— FOREIGN INTELLIGENCE SURVEILLANCE 

Sec. 101. Additional procedures regarding certain persons outside the United 
States. 

Sec. 102. Statement of exclusive means by which electronic surveillance and inter- 
ception of certain communications may be conducted. 

Sec. 103. Submittal to Congress of certain court orders under the Foreign Intel- 
ligence Surveillance Act of 1978. 

Sec. 104. Applications for court orders. 

Sec. 105. Issuance of an order. 

Sec. 106. Use of information. 

Sec. 107. Amendments for physical searches. 

Sec. 108. Amendments for emergency pen registers and trap and trace devices. 
Sec. 109. Foreign Intelligence Surveillance Court. 
Sec. 110. Weapons of mass destruction. 

TITLE II— PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE 

PROVIDERS 

Sec. 201. Procedures for implementing statutory defenses under the Foreign Intel- 
ligence Surveillance Act of 1978. 
Sec. 202. Technical amendments. 

TITLE III— REVIEW OF PREVIOUS ACTIONS 

Sec. 301. Review of previous actions. 

TITLE IV— OTHER PROVISIONS 

Sec. 401. Severability. 

Sec. 402. Effective date. 

Sec. 403. Repeals. 

Sec. 404. Transition procedures. 



H. R. 6304—2 



TITLE I— FOREIGN INTELLIGENCE 
SURVEILLANCE 

SEC. 101. ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS 
OUTSIDE THE UNITED STATES. 

(a) In General. — The Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) is amended— 

(1) by striking title VII; and 

(2) by adding at the end the following: 

"TITLE VII— ADDITIONAL PROCEDURES 
REGARDING CERTAIN PERSONS OUT- 
SIDE THE UNITED STATES 

"SEC. 701. DEFINITIONS. 

"(a) In General. — The terms 'agent of a foreign power', 
'Attorney General', 'contents', 'electronic surveillance', 'foreign intel- 
ligence information', 'foreign power', 'person', 'United States', and 
'United States person' have the meanings given such terms in 
section 101, except as specifically provided in this title. 
"(b) Additional Definitions. — 

"(1) Congressional intelligence committees. — The term 
'congressional intelligence committees' means — 

"(A) the Select Committee on Intelligence of the Senate; 

and 

"(B) the Permanent Select Committee on Intelligence 
of the House of Representatives. 

"(2) Foreign intelligence surveillance court; court. — 
The terms 'Foreign Intelligence Surveillance Court' and 'Court' 
mean the court established under section 103(a). 

"(3) Foreign intelligence surveillance court of 
review; court of review. — The terms 'Foreign Intelligence 
Surveillance Court of Review' and 'Court of Review' mean the 
court established under section 103(b). 

"(4) Electronic communication service provider. — The 
term 'electronic communication service provider' means — 

"(A) a telecommunications carrier, as that term is 

defined in section 3 of the Communications Act of 1934 

(47 U.S.C. 153); 

"(B) a provider of electronic communication service, 

as that term is defined in section 2510 of title 18, United 

States Code; 

"(C) a provider of a remote computing service, as that 
term is defined in section 2711 of title 18, United States 
Code; 

"(D) any other communication service provider who 
has access to wire or electronic communications either as 
such communications are transmitted or as such commu- 
nications are stored; or 

"(E) an officer, employee, or agent of an entity 
described in subparagraph (A), (B), (C), or (D). 



H. R. 6304—3 



"(5) Intelligence community. — The term 'intelligence 
community' has the meaning given the term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 

"SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE 
THE UNITED STATES OTHER THAN UNITED STATES PER- 
SONS. 

"(a) Authorization. — Notwithstanding any other provision of 
law, upon the issuance of an order in accordance with subsection 
(i)(3) or a determination under subsection (c)(2), the Attorney Gen- 
eral and the Director of National Intelligence may authorize jointly, 
for a period of up to 1 year from the effective date of the authoriza- 
tion, the targeting of persons reasonably believed to be located 
outside the United States to acquire foreign intelligence informa- 
tion. 

"(b) Limitations. — An acquisition authorized under subsection 

(a)- 

"(1) may not intentionally target any person known at 
the time of acquisition to be located in the United States; 

"(2) may not intentionally target a person reasonably 
believed to be located outside the United States if the purpose 
of such acquisition is to target a particular, known person 
reasonably believed to be in the United States; 

"(3) may not intentionally target a United States person 
reasonably believed to be located outside the United States; 

"(4) may not intentionally acquire any communication as 
to which the sender and all intended recipients are known 
at the time of the acquisition to be located in the United 
States; and 

"(5) shall be conducted in a manner consistent with the 
fourth amendment to the Constitution of the United States. 
"(c) Conduct of Acquisition. — 

"(1) In general. — An acquisition authorized under sub- 
section (a) shall be conducted only in accordance with — 

"(A) the targeting and minimization procedures 
adopted in accordance with subsections (d) and (e); and 
"(B) upon submission of a certification in accordance 
with subsection (g), such certification. 

"(2) Determination. — A determination under this para- 
graph and for purposes of subsection (a) is a determination 
by the Attorney General and the Director of National Intel- 
ligence that exigent circumstances exist because, without imme- 
diate implementation of an authorization under subsection (a), 
intelligence important to the national security of the United 
States may be lost or not timely acquired and time does not 
permit the issuance of an order pursuant to subsection (i)(3) 
prior to the implementation of such authorization. 

"(3) Timing of determination. — The Attorney General and 
the Director of National Intelligence may make the determina- 
tion under paragraph (2) — 

"(A) before the submission of a certification in accord- 
ance with subsection (g); or 

"(B) by amending a certification pursuant to subsection 
(i)(l)(C) at any time during which judicial review under 
subsection (i) of such certification is pending. 
"(4) Construction. — Nothing in title I shall be construed 
to require an application for a court order under such title 



H. R. 6304—4 



for an acquisition that is targeted in accordance with this 
section at a person reasonably believed to be located outside 
the United States. 
"(d) Targeting Procedures. — 

"(1) Requirement to adopt. — The Attorney General, in 
consultation with the Director of National Intelligence, shall 
adopt targeting procedures that are reasonably designed to — 
"(A) ensure that any acquisition authorized under sub- 
section (a) is limited to targeting persons reasonably 
believed to be located outside the United States; and 

"(B) prevent the intentional acquisition of any commu- 
nication as to which the sender and all intended recipients 
are known at the time of the acquisition to be located 
in the United States. 

"(2) Judicial review. — The procedures adopted in accord- 
ance with paragraph (1) shall be subject to judicial review 
pursuant to subsection (i). 
"(e) Minimization Procedures. — 

"(1) Requirement to adopt. — The Attorney General, in 
consultation with the Director of National Intelligence, shall 
adopt minimization procedures that meet the definition of mini- 
mization procedures under section 101(h) or 301(4), as appro- 
priate, for acquisitions authorized under subsection (a). 

"(2) Judicial review. — The minimization procedures 
adopted in accordance with paragraph (1) shall be subject to 
judicial review pursuant to subsection (i). 
"(f) Guidelines for Compliance With Limitations. — 

"(1) Requirement to adopt. — The Attorney General, in 
consultation with the Director of National Intelligence, shall 
adopt guidelines to ensure — 

"(A) compliance with the limitations in subsection (b); 

and 

"(B) that an application for a court order is filed as 
required by this Act. 

"(2) Submission of guidelines. — The Attorney General 
shall provide the guidelines adopted in accordance with para- 
graph (1) to — 

"(A) the congressional intelligence committees; 

"(B) the Committees on the Judiciary of the Senate 
and the House of Representatives; and 

"(C) the Foreign Intelligence Surveillance Court. 
"(g) Certification. — 
"(1) In general. — 

"(A) Requirement. — Subject to subparagraph (B), prior 
to the implementation of an authorization under subsection 
(a), the Attorney General and the Director of National 
Intelligence shall provide to the Foreign Intelligence 
Surveillance Court a written certification and any sup- 
porting affidavit, under oath and under seal, in accordance 
with this subsection. 

"(B) Exception. — If the Attorney General and the 
Director of National Intelligence make a determination 
under subsection (c)(2) and time does not permit the 
submission of a certification under this subsection prior 
to the implementation of an authorization under subsection 
(a), the Attorney General and the Director of National 
Intelligence shall submit to the Court a certification for 



H. R. 6304—5 



such authorization as soon as practicable but in no event 
later than 7 days after such determination is made. 
"(2) Requirements. — A certification made under this sub- 
section shall — 

"(A) attest that— 

"(i) there are procedures in place that have been 
approved, have been submitted for approval, or will 
be submitted with the certification for approval by 
the Foreign Intelligence Surveillance Court that are 
reasonably designed to — 

"(I) ensure that an acquisition authorized 
under subsection (a) is limited to targeting persons 
reasonably believed to be located outside the 
United States; and 

"(II) prevent the intentional acquisition of any 
communication as to which the sender and all 
intended recipients are known at the time of the 
acquisition to be located in the United States; 
"(ii) the minimization procedures to be used with 
respect to such acquisition — 

"(I) meet the definition of minimization proce- 
dures under section 101(h) or 301(4), as appro- 
priate; and 

"(II) have been approved, have been submitted 
for approval, or will be submitted with the certifi- 
cation for approval by the Foreign Intelligence 
Surveillance Court; 

"(hi) guidelines have been adopted in accordance 
with subsection (f) to ensure compliance with the 
limitations in subsection (b) and to ensure that an 
application for a court order is filed as required by 
this Act; 

"(iv) the procedures and guidelines referred to in 
clauses (i), (ii), and (iii) are consistent with the require- 
ments of the fourth amendment to the Constitution 
of the United States; 

"(v) a significant purpose of the acquisition is to 
obtain foreign intelligence information; 

"(vi) the acquisition involves obtaining foreign 
intelligence information from or with the assistance 
of an electronic communication service provider; and 

"(vii) the acquisition complies with the limitations 
in subsection (b); 

"(B) include the procedures adopted in accordance with 
subsections (d) and (e); 

"(C) be supported, as appropriate, by the affidavit of 
any appropriate official in the area of national security 
who is — 

"(i) appointed by the President, by and with the 
advice and consent of the Senate; or 

"(ii) the head of an element of the intelligence 
community; 
"(D) include— 

"(i) an effective date for the authorization that 
is at least 30 days after the submission of the written 
certification to the court; or 



H. R. 6304—6 



"(ii) if the acquisition has begun or the effective 
date is less than 30 days after the submission of the 
written certification to the court, the date the acquisi- 
tion began or the effective date for the acquisition; 
and 

"(E) if the Attorney General and the Director of 
National Intelligence make a determination under sub- 
section (c)(2), include a statement that such determination 
has been made. 

"(3) Change in effective date. — The Attorney General 
and the Director of National Intelligence may advance or delay 
the effective date referred to in paragraph (2)(D) by submitting 
an amended certification in accordance with subsection (i)(l)(C) 
to the Foreign Intelligence Surveillance Court for review pursu- 
ant to subsection (i). 

"(4) Limitation. — A certification made under this sub- 
section is not required to identify the specific facilities, places, 
premises, or property at which an acquisition authorized under 
subsection (a) will be directed or conducted. 

"(5) Maintenance of certification. — The Attorney Gen- 
eral or a designee of the Attorney General shall maintain 
a copy of a certification made under this subsection. 

"(6) Review. — A certification submitted in accordance with 
this subsection shall be subject to judicial review pursuant 
to subsection (i). 

"(h) Directives and Judicial Review of Directives. — 

"(1) Authority. — With respect to an acquisition authorized 

under subsection (a), the Attorney General and the Director 

of National Intelligence may direct, in writing, an electronic 

communication service provider to — 

"(A) immediately provide the Government with all 
information, facilities, or assistance necessary to accom- 
plish the acquisition in a manner that will protect the 
secrecy of the acquisition and produce a minimum of inter- 
ference with the services that such electronic communica- 
tion service provider is providing to the target of the 
acquisition; and 

"(B) maintain under security procedures approved by 
the Attorney General and the Director of National Intel- 
ligence any records concerning the acquisition or the aid 
furnished that such electronic communication service pro- 
vider wishes to maintain. 

"(2) Compensation. — The Government shall compensate, 
at the prevailing rate, an electronic communication service 
provider for providing information, facilities, or assistance in 
accordance with a directive issued pursuant to paragraph (1). 

"(3) Release from liability. — No cause of action shall 
lie in any court against any electronic communication service 
provider for providing any information, facilities, or assistance 
in accordance with a directive issued pursuant to paragraph 
(1). 

"(4) Challenging of directives. — 

"(A) Authority to challenge. — An electronic commu- 
nication service provider receiving a directive issued pursu- 
ant to paragraph (1) may file a petition to modify or set 



H. R. 6304—7 



aside such directive with the Foreign Intelligence Surveil- 
lance Court, which shall have jurisdiction to review such 
petition. 

"(B) Assignment. — The presiding judge of the Court 
shall assign a petition filed under subparagraph (A) to 
1 of the judges serving in the pool established under section 
103(e)(1) not later than 24 hours after the filing of such 
petition. 

"(C) Standards for review.— A judge considering a 
petition filed under subparagraph (A) may grant such peti- 
tion only if the judge finds that the directive does not 
meet the requirements of this section, or is otherwise 
unlawful. 

"(D) Procedures for initial review. — A judge shall 
conduct an initial review of a petition filed under subpara- 
graph (A) not later than 5 days after being assigned such 
petition. If the judge determines that such petition does 
not consist of claims, defenses, or other legal contentions 
that are warranted by existing law or by a nonfrivolous 
argument for extending, modifying, or reversing existing 
law or for establishing new law, the judge shall imme- 
diately deny such petition and affirm the directive or any 
part of the directive that is the subject of such petition 
and order the recipient to comply with the directive or 
any part of it. Upon making a determination under this 
subparagraph or promptly thereafter, the judge shall pro- 
vide a written statement for the record of the reasons 
for such determination. 

"(E) Procedures for plenary review. — If a judge 
determines that a petition filed under subparagraph (A) 
requires plenary review, the judge shall affirm, modify, 
or set aside the directive that is the subject of such petition 
not later than 30 days after being assigned such petition. 
If the judge does not set aside the directive, the judge 
shall immediately affirm or affirm with modifications the 
directive, and order the recipient to comply with the direc- 
tive in its entirety or as modified. The judge shall provide 
a written statement for the record of the reasons for a 
determination under this subparagraph. 

"(F) Continued effect. — Any directive not explicitly 
modified or set aside under this paragraph shall remain 
in full effect. 

"(G) Contempt of court. — Failure to obey an order 
issued under this paragraph may be punished by the Court 
as contempt of court. 
"(5) Enforcement of directives. — 

"(A) Order to compel. — If an electronic communica- 
tion service provider fails to comply with a directive issued 
pursuant to paragraph (1), the Attorney General may file 
a petition for an order to compel the electronic communica- 
tion service provider to comply with the directive with 
the Foreign Intelligence Surveillance Court, which shall 
have jurisdiction to review such petition. 

"(B) Assignment. — The presiding judge of the Court 
shall assign a petition filed under subparagraph (A) to 
1 of the judges serving in the pool established under section 



H. R. 6304—8 



103(e)(1) not later than 24 hours after the filing of such 
petition. 

"(C) Procedures for review. — A judge considering 
a petition filed under subparagraph (A) shall, not later 
than 30 days after being assigned such petition, issue an 
order requiring the electronic communication service pro- 
vider to comply with the directive or any part of it, as 
issued or as modified, if the judge finds that the directive 
meets the requirements of this section and is otherwise 
lawful. The judge shall provide a written statement for 
the record of the reasons for a determination under this 
paragraph. 

"(D) Contempt of court. — Failure to obey an order 
issued under this paragraph may be punished by the Court 
as contempt of court. 

"(E) Process. — Any process under this paragraph may 
be served in any judicial district in which the electronic 
communication service provider may be found. 
"(6) Appeal.— 

"(A) Appeal to the court of review. — The Govern- 
ment or an electronic communication service provider 
receiving a directive issued pursuant to paragraph (1) may 
file a petition with the Foreign Intelligence Surveillance 
Court of Review for review of a decision issued pursuant 
to paragraph (4) or (5). The Court of Review shall have 
jurisdiction to consider such petition and shall provide a 
written statement for the record of the reasons for a deci- 
sion under this subparagraph. 

"(B) Certiorari to the supreme court. — The Govern- 
ment or an electronic communication service provider 
receiving a directive issued pursuant to paragraph (1) may 
file a petition for a writ of certiorari for review of a decision 
of the Court of Review issued under subparagraph (A). 
The record for such review shall be transmitted under 
seal to the Supreme Court of the United States, which 
shall have jurisdiction to review such decision, 
"(i) Judicial Review of Certifications and Procedures. — 
"(1) In general. — 

"(A) Review by the foreign intelligence surveil- 
lance court. — The Foreign Intelligence Surveillance Court 
shall have jurisdiction to review a certification submitted 
in accordance with subsection (g) and the targeting and 
minimization procedures adopted in accordance with sub- 
sections (d) and (e), and amendments to such certification 
or such procedures. 

"(B) Time period for review. — The Court shall review 
a certification submitted in accordance with subsection (g) 
and the targeting and minimization procedures adopted 
in accordance with subsections (d) and (e) and shall com- 
plete such review and issue an order under paragraph 
(3) not later than 30 days after the date on which such 
certification and such procedures are submitted. 

"(C) Amendments. — The Attorney General and the 
Director of National Intelligence may amend a certification 
submitted in accordance with subsection (g) or the targeting 
and minimization procedures adopted in accordance with 
subsections (d) and (e) as necessary at any time, including 



H. R. 6304—9 



if the Court is conducting or has completed review of such 
certification or such procedures, and shall submit the 
amended certification or amended procedures to the Court 
not later than 7 days after amending such certification 
or such procedures. The Court shall review any amendment 
under this subparagraph under the procedures set forth 
in this subsection. The Attorney General and the Director 
of National Intelligence may authorize the use of an 
amended certification or amended procedures pending the 
Court's review of such amended certification or amended 
procedures. 

"(2) Review. — The Court shall review the following: 

"(A) Certification. — A certification submitted in 
accordance with subsection (g) to determine whether the 
certification contains all the required elements. 

"(B) Targeting procedures. — The targeting proce- 
dures adopted in accordance with subsection (d) to assess 
whether the procedures are reasonably designed to — 

"(i) ensure that an acquisition authorized under 
subsection (a) is limited to targeting persons reason- 
ably believed to be located outside the United States; 
and 

"(ii) prevent the intentional acquisition of any 

communication as to which the sender and all intended 

recipients are known at the time of the acquisition 

to be located in the United States. 

"(C) Minimization procedures. — The minimization 
procedures adopted in accordance with subsection (e) to 
assess whether such procedures meet the definition of mini- 
mization procedures under section 101(h) or section 301(4), 
as appropriate. 
"(3) Orders.— 

"(A) Approval. — If the Court finds that a certification 
submitted in accordance with subsection (g) contains all 
the required elements and that the targeting and minimiza- 
tion procedures adopted in accordance with subsections 
(d) and (e) are consistent with the requirements of those 
subsections and with the fourth amendment to the Con- 
stitution of the United States, the Court shall enter an 
order approving the certification and the use, or continued 
use in the case of an acquisition authorized pursuant to 
a determination under subsection (c)(2), of the procedures 
for the acquisition. 

"(B) Correction of deficiencies. — If the Court finds 
that a certification submitted in accordance with subsection 
(g) does not contain all the required elements, or that 
the procedures adopted in accordance with subsections (d) 
and (e) are not consistent with the requirements of those 
subsections or the fourth amendment to the Constitution 
of the United States, the Court shall issue an order 
directing the Government to, at the Government's election 
and to the extent required by the Court's order — 

"(i) correct any deficiency identified by the Court's 

order not later than 30 days after the date on which 

the Court issues the order; or 



H. R. 6304—10 



"(ii) cease, or not begin, the implementation of 
the authorization for which such certification was sub- 
mitted. 

"(C) Requirement for written statement. — In sup- 
port of an order under this subsection, the Court shall 
provide, simultaneously with the order, for the record a 
written statement of the reasons for the order. 
"(4) Appeal. — 

"(A) Appeal to the court of review. — The Govern- 
ment may file a petition with the Foreign Intelligence 
Surveillance Court of Review for review of an order under 
this subsection. The Court of Review shall have jurisdiction 
to consider such petition. For any decision under this 
subparagraph affirming, reversing, or modifying an order 
of the Foreign Intelligence Surveillance Court, the Court 
of Review shall provide for the record a written statement 
of the reasons for the decision. 

"(B) Continuation of acquisition pending 
rehearing or appeal. — Any acquisition affected by an 
order under paragraph (3)(B) may continue — 

"(i) during the pendency of any rehearing of the 

order by the Court en banc; and 

"(ii) if the Government files a petition for review 

of an order under this section, until the Court of 

Review enters an order under subparagraph (C). 

"(C) Implementation pending appeal. — Not later 
than 60 days after the filing of a petition for review of 
an order under paragraph (3)(B) directing the correction 
of a deficiency, the Court of Review shall determine, and 
enter a corresponding order regarding, whether all or any 
part of the correction order, as issued or modified, shall 
be implemented during the pendency of the review. 

"(D) Certiorari to the supreme court. — The Govern- 
ment may file a petition for a writ of certiorari for review 
of a decision of the Court of Review issued under subpara- 
graph (A). The record for such review shall be transmitted 
under seal to the Supreme Court of the United States, 
which shall have jurisdiction to review such decision. 
"(5) Schedule. — 

"(A) Reauthorization of authorizations in 
effect. — If the Attorney General and the Director of 
National Intelligence seek to reauthorize or replace an 
authorization issued under subsection (a), the Attorney 
General and the Director of National Intelligence shall, 
to the extent practicable, submit to the Court the certifi- 
cation prepared in accordance with subsection (g) and the 
procedures adopted in accordance with subsections (d) and 
(e) at least 30 days prior to the expiration of such authoriza- 
tion. 

"(B) Reauthorization of orders, authorizations, 
and directives. — If the Attorney General and the Director 
of National Intelligence seek to reauthorize or replace an 
authorization issued under subsection (a) by filing a certifi- 
cation pursuant to subparagraph (A), that authorization, 
and any directives issued thereunder and any order related 
thereto, shall remain in effect, notwithstanding the expira- 
tion provided for in subsection (a), until the Court issues 



H.R. 6304—11 



an order with respect to such certification under paragraph 
(3) at which time the provisions of that paragraph and 
paragraph (4) shall apply with respect to such certification, 
"(j) Judicial Proceedings. — 

"(1) Expedited judicial proceedings. — Judicial pro- 
ceedings under this section shall be conducted as expeditiously 
as possible. 

"(2) Time limits. — A time limit for a judicial decision in 
this section shall apply unless the Court, the Court of Review, 
or any judge of either the Court or the Court of Review, by 
order for reasons stated, extends that time as necessary for 
good cause in a manner consistent with national security, 
"(k) Maintenance and Security of Records and Pro- 
ceedings. — 

"(1) Standards. — The Foreign Intelligence Surveillance 
Court shall maintain a record of a proceeding under this section, 
including petitions, appeals, orders, and statements of reasons 
for a decision, under security measures adopted by the Chief 
Justice of the United States, in consultation with the Attorney 
General and the Director of National Intelligence. 

"(2) Filing and review.— All petitions under this section 
shall be filed under seal. In any proceedings under this section, 
the Court shall, upon request of the Government, review ex 
parte and in camera any Government submission, or portions 
of a submission, which may include classified information. 

"(3) Retention of records. — The Attorney General and 
the Director of National Intelligence shall retain a directive 
or an order issued under this section for a period of not less 
than 10 years from the date on which such directive or such 
order is issued. 

"(1) Assessments and Reviews. — 

"(1) Semiannual assessment. — Not less frequently than 
once every 6 months, the Attorney General and Director of 
National Intelligence shall assess compliance with the targeting 
and minimization procedures adopted in accordance with sub- 
sections (d) and (e) and the guidelines adopted in accordance 
with subsection (f) and shall submit each assessment to — 

"(A) the Foreign Intelligence Surveillance Court; and 
"(B) consistent with the Rules of the House of Rep- 
resentatives, the Standing Rules of the Senate, and Senate 
Resolution 400 of the 94th Congress or any successor 
Senate resolution — 

"(i) the congressional intelligence committees; and 
"(ii) the Committees on the Judiciary of the House 
of Representatives and the Senate. 
"(2) Agency assessment. — The Inspector General of the 
Department of Justice and the Inspector General of each ele- 
ment of the intelligence community authorized to acquire for- 
eign intelligence information under subsection (a), with respect 
to the department or element of such Inspector General — 

"(A) are authorized to review compliance with the tar- 
geting and minimization procedures adopted in accordance 
with subsections (d) and (e) and the guidelines adopted 
in accordance with subsection (f); 

"(B) with respect to acquisitions authorized under sub- 
section (a), shall review the number of disseminated intel- 
ligence reports containing a reference to a United States- 



H.R. 6304—12 



person identity and the number of United States-person 
identities subsequently disseminated by the element con- 
cerned in response to requests for identities that were 
not referred to by name or title in the original reporting; 

"(C) with respect to acquisitions authorized under sub- 
section (a), shall review the number of targets that were 
later determined to be located in the United States and, 
to the extent possible, whether communications of such 
targets were reviewed; and 

"(D) shall provide each such review to — 
"(i) the Attorney General; 
"(ii) the Director of National Intelligence; and 
"(hi) consistent with the Rules of the House of 
Representatives, the Standing Rules of the Senate, 
and Senate Resolution 400 of the 94th Congress or 
any successor Senate resolution — 

"(I) the congressional intelligence committees; 

and 

"(II) the Committees on the Judiciary of the 
House of Representatives and the Senate. 
"(3) Annual review. — 

"(A) Requirement to conduct. — The head of each 
element of the intelligence community conducting an 
acquisition authorized under subsection (a) shall conduct 
an annual review to determine whether there is reason 
to believe that foreign intelligence information has been 
or will be obtained from the acquisition. The annual review 
shall provide, with respect to acquisitions authorized under 
subsection (a) — 

"(i) an accounting of the number of disseminated 
intelligence reports containing a reference to a United 
States-person identity; 

"(ii) an accounting of the number of United States- 
person identities subsequently disseminated by that 
element in response to requests for identities that were 
not referred to by name or title in the original 
reporting; 

"(hi) the number of targets that were later deter- 
mined to be located in the United States and, to the 
extent possible, whether communications of such tar- 
gets were reviewed; and 

"(iv) a description of any procedures developed by 
the head of such element of the intelligence community 
and approved by the Director of National Intelligence 
to assess, in a manner consistent with national secu- 
rity, operational requirements and the privacy 
interests of United States persons, the extent to which 
the acquisitions authorized under subsection (a) 
acquire the communications of United States persons, 
and the results of any such assessment. 
"(B) Use of review. — The head of each element of 
the intelligence community that conducts an annual review 
under subparagraph (A) shall use each such review to 
evaluate the adequacy of the minimization procedures uti- 
lized by such element and, as appropriate, the application 
of the minimization procedures to a particular acquisition 
authorized under subsection (a). 



H. R. 6304—13 



"(C) Provision of review. — The head of each element 
of the intelligence community that conducts an annual 
review under subparagraph (A) shall provide such review 
to— 

"(i) the Foreign Intelligence Surveillance Court; 

"(ii) the Attorney General; 

"(hi) the Director of National Intelligence; and 

"(iv) consistent with the Rules of the House of 
Representatives, the Standing Rules of the Senate, 
and Senate Resolution 400 of the 94th Congress or 
any successor Senate resolution — 

"(I) the congressional intelligence committees; 

and 

"(II) the Committees on the Judiciary of the 
House of Representatives and the Senate. 

"SEC. 703. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES TAR- 
GETING UNITED STATES PERSONS OUTSIDE THE UNITED 
STATES. 

"(a) Jurisdiction of the Foreign Intelligence Surveil- 
lance Court. — 

"(1) In general. — The Foreign Intelligence Surveillance 
Court shall have jurisdiction to review an application and to 
enter an order approving the targeting of a United States 
person reasonably believed to be located outside the United 
States to acquire foreign intelligence information, if the acquisi- 
tion constitutes electronic surveillance or the acquisition of 
stored electronic communications or stored electronic data that 
requires an order under this Act, and such acquisition is con- 
ducted within the United States. 

"(2) Limitation. — If a United States person targeted under 
this subsection is reasonably believed to be located in the 
United States during the effective period of an order issued 
pursuant to subsection (c), an acquisition targeting such United 
States person under this section shall cease unless the targeted 
United States person is again reasonably believed to be located 
outside the United States while an order issued pursuant to 
subsection (c) is in effect. Nothing in this section shall be 
construed to limit the authority of the Government to seek 
an order or authorization under, or otherwise engage in any 
activity that is authorized under, any other title of this Act. 
"(b) Application. — 

"(1) In general. — Each application for an order under 
this section shall be made by a Federal officer in writing 
upon oath or affirmation to a judge having jurisdiction under 
subsection (a)(1). Each application shall require the approval 
of the Attorney General based upon the Attorney General's 
finding that it satisfies the criteria and requirements of such 
application, as set forth in this section, and shall include — 
"(A) the identity of the Federal officer making the 

application; 

"(B) the identity, if known, or a description of the 
United States person who is the target of the acquisition; 

"(C) a statement of the facts and circumstances relied 
upon to justify the applicant's belief that the United States 
person who is the target of the acquisition is —